R. v. Dosson

R. v. Dosson

Deterrence and denunciation are primary sentencing objectives for assault on a peace officer and for illegal re-entry; given the accused's pattern of disregarding deportation orders and absence of mitigation, a custodial sentence is warranted. Pre-trial custody credit of 1.5:1 for seven months (ten months credit) reduces the effective additional custody; therefore impose 3 months on Count 1, 2 months concurrent on Count 4, and 3 months consecutive on Count 2, waive DNA order and victim fine surcharge.

Citation
2018 BCSC 1688
Parties
Crown: Regina; Accused: Ronald Dosson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 September 2018
Procedural Posture
Criminal Immigration Related Offences / Sentencing / Oral Reasons for Sentence
Outcome
Accused convicted on Counts 1, 2 and 4; sentenced to an aggregate custodial sentence of six months (3 months on Count 1 with Count 4 concurrent; 3 months consecutive on Count 2); pre-trial custody of seven months credited at 1.5:1 (10 months credit) resulting in no additional jail time; DNA order not made; victim...
Legal Topics
Illegal Entry, Assaulting a Peace Officer, Obstruction of an Officer, Deportation, Pre Trial Custody Credit, Jurisdiction of Federal Immigration Tribunals
Source Language
English
Criminal Law Immigration Law Sentencing Illegal Entry Assaulting a Peace Officer Obstruction of an Officer Deportation Pre Trial Custody Credit +1 more

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Parties

Regina

Crown

Ronald Dosson

Accused

Procedural Posture

Criminal Immigration Related Offences / Sentencing / Oral Reasons for Sentence

Legal Issues

  1. 1 Whether accused illegally re-entered Canada contrary to IRPA s.52(1) and para.124(1)(a)
  2. 2 Whether accused assaulted a peace officer contrary to Criminal Code s.270(1)(a)
  3. 3 Whether accused obstructed an immigration officer contrary to IRPA s.129(1)(d)

Ratio Decidendi

Deterrence and denunciation are primary sentencing objectives for assault on a peace officer and for illegal re-entry; given the accused's pattern of disregarding deportation orders and absence of mitigation, a custodial sentence is warranted. Pre-trial custody credit of 1.5:1 for seven months (ten months credit) reduces the effective additional custody; therefore impose 3 months on Count 1, 2 months concurrent on Count 4, and 3 months consecutive on Count 2, waive DNA order and victim fine surcharge.

Court Disposition

Accused convicted on Counts 1, 2 and 4; sentenced to an aggregate custodial sentence of six months (3 months on Count 1 with Count 4 concurrent; 3 months consecutive on Count 2); pre-trial custody of seven months credited at 1.5:1 (10 months credit) resulting in no additional jail time; DNA order not made; victim...

Orders

  • Count 1 (illegal entry under IRPA): 3 months imprisonment
  • Count 4 (obstruction under IRPA): 2 months imprisonment, concurrent with Count 1